Q: Will I be held in contempt if I don’t testify in a domestic violence case in pa if I’m the witness and wife
I’m a witness for the COMMON wealth of PA and was subpoenaed to testify for a domestic violence case against my legal husband. I wrote an affidavit for the police the day it happened. So if I refuse to testify against my legal husband will I be held in contempt or am I able to use Spousal testimonial privilege?
A:
If you are subpoenaed to testify in a domestic violence criminal case against your husband in Pennsylvania, you can be held in contempt of court for refusing to testify even if you are the victim/witness. Here are some key reasons why:
- Spousal privilege generally only applies in civil cases, not criminal prosecutions. So you do not have a right to refuse to testify against your husband in a PA criminal case.
- As the victim and eyewitness who made the police affidavit, your testimony is critical evidence needed to prosecute domestic abuse. Prosecutors can compel you to testify.
- If you refuse to comply with a subpoena and testify after being ordered to by the judge, you could be held in contempt of court. That can result in fines or even jail time to coerce compliance.
- Domestic violence cases rely heavily on victim testimony, so your refusal to testify could severely undermine or even lead to dismissal of the case against your husband.
- The court is very unlikely to allow you to invoke spousal privilege given the public policy priorities in prosecuting domestic violence crimes.
In summary, while counterintuitive, you likely do not have the right to refuse to testify against your husband in his PA domestic violence criminal case, even as his wife. Barring an exception from the court, you must comply with the subpoena or face contempt charges. Consult with the prosecutor's office so they can advise you on your obligations.
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